Colorado environment groups on Monday urged Gov. John Hickenlooper not to fight a recent appeals court ruling requiring state officials to make sure public health, safety and the environment are protected before allowing oil and gas drilling.

The Colorado Petroleum Council, a division of the American Petroleum Institute, the oil and gas industry’s largest trade association, said Hickenlooper would be “well-backed” in any legal challenge.

The environment groups, Earthjustice and Conservation Colorado, pointed to the fatal house explosion in Firestone caused by a severed oil and gas industry pipeline and to failed efforts by state lawmakers to shield schoolchildren better against drilling, asking Hickenlooper to do all he can to protect residents and the environment before letting companies extract fossil fuels.

“It’s important for the governor to stand up and say the ruling from the appeals court sets the correct legal standard that protects public health, safety and the environment,” Conservation Colorado director Pete Maysmith said.

The appeals court judges ruled March 23, in a case brought by attorneys for teenaged plaintiffs, that protecting public health and the environment is “a condition that must be fulfilled” by the state before oil and gas drilling can be done. The ruling says Colorado’s Oil and Gas Conservation Commission must go beyond balancing industry interests with protection of people and the environment and make sure people and the environment aren’t hurt.

An initial deadline of May 4 for asking the Colorado Supreme Court to consider reviewing the appeals court ruling has passed. But the American Petroleum Institute and the COGCC filed motions to the Supreme Court asking for an extension, which was granted until May 18.

“The Court of Appeals ruling provides plenty of clarity,” Earthjustice attorney Mike Freeman said. “The only thing that would be served” by asking the supreme court to consider a review, Freeman said, “is if the state does not want to make public safety, public health and the environment its first priority.”

For years, COGCC officials have been saying they consider safety, health and environmental protection before granting permits for oil and gas drilling, Freeman said.

Hickenlooper has declared public safety paramount and, after the Firestone fatalities, said every industry pipeline near houses must be located, tested and mapped with information made available to the public.

“We are asking the governor to stand by that position and let the Martinez decision stand – not challenge it,” Freeman said.

On May 1, COGCC commissioners voted unanimously to appeal the appeals court ruling. It was unclear whether Hickenlooper directed an appeal or how that squares with his post-Firestone statements about taking a more cautious approach to oil and gas facilities near homes.

On Monday, spokeswoman Jacque Montgomery told the Post: “We are aware of the requests from interested parties and are taking the time to give this case careful review.”

The Colorado Petroleum Council contends the appeals court ruling is legally faulty.

“The governor would be well-supported in standing up against blatant efforts – that are without, we believe, sound legal basis – that threaten the state’s economy, property rights, jobs, and state revenue,” CPC director Tracee Bentley said in an emailed response to queries.

“In Colorado, the Oil and Gas Conservation Act was enacted to ‘foster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources,’ to ‘protect the public and private interests against waste,’ and to ‘enforce the coequal and correlative rights of owners,’ ” Bentley said.

“Our industry remains committed to working with state and local officials to ensure that we address issues of concern as Colorado responsibly partakes in America’s energy renaissance.”

Bruce Finley covers environment issues, the land air and water struggles shaping Colorado and the West. Finley grew up in Colorado, graduated from Stanford, then earned masters degrees in international relations as a Fulbright scholar in Britain and in journalism at Northwestern. He is also a lawyer and previously handled international news with on-site reporting in 40 countries.

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